"They pounded me with this thing, your honor. They pounded me," DeFranco, 61, told acting County Court Judge John R. Schwartz.
DeFranco said the police made an example of him while turning a blind eye to other poker games that pay their expenses, as he did, by skimming money from a pot created when players join a game.
"Technically, the others are as guilty as me because they take money to pay their expenses, but I'm the only one to get arrested," he said.
Assistant District Attorney Jennifer Sommers, however, said DeFranco ignored a series of warnings by police to stop the games.
Schwartz, who had promised DeFranco a sentence of no more than one year in jail in return for his guilty plea to a 22-count indictment, said he had considered a lesser sentence than he imposed until DeFranco spoke.
"Mr. DeFranco, sometimes you're your own worst enemy," Schwartz said. "You leave me no alternative."
DeFranco was arrested in March 2004 on a misdemeanor charge alleging that he promoted illegal gambling by running a public poker game at the Texas Hold'em Club on Andrews Street.
But he was indicted on felony charges after an investigation of seized records uncovered evidence of sports betting and possession of cards that allowed users to receive satellite television illegally.
DeFranco pleaded guilty to two counts of second-degree criminal possession of a forged instrument and nine counts of first-degree possession of gambling records, both felonies. He also pleaded guilty to eight counts of second-degree possession of gambling records and three counts of second-degree promoting gambling, both misdemeanors.
Read full article..Democrat & Chronicle: Local News
Wednesday, February 23, 2005
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